Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Onus of proof (s18)
  • 19 Mar 2015

    HKSAR v. GAMMON CONSTRUCTION LTD

    Citation
    HKSAR v. GAMMON CONSTRUCTION LTD
    Court
    Court of Final Appeal
    Case number
    FACC10/2014

    The Court held that s 6A imposes a non‑delegable duty on a proprietor to ensure safety so far as reasonably practicable and s 18 imposes a legal onus on the accused to prove it was not reasonably practicable to do more; foreseeability is relevant to reasonable practicability but not a separate element of 'safety'; the prosecution in this case gave fair particulars and proved the appellant's system was unsafe because signalling responsibilities were unclear and practicable precautions (requiring confirmation or dual signalling) were not implemented, therefore the convictions and fines were aff…